[HISTORY: Adopted by the Mayor and Council
of the Town of Manchester 8-14-1979 by Ord. No. 12 (Ch. 74 of the 1979 Code).
Amendments noted where applicable.]
A.
No person in a public park or recreation area shall:
(1)
Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, pavings or paving materials, waterlines or other
public utilities or parts or appurtenances thereof, signs, notices
or placards, whether temporary or permanent, monuments, stakes, posts
or other boundary markers or other structures or equipment or facilities
or any park property or appurtenance whatsoever, either real or personal.
(2)
Fail to cooperate in maintaining rest rooms and washrooms
in a neat and sanitary condition. No person over the age of six years
shall use the rest rooms and washrooms designated for the opposite
sex.
(3)
Dig or remove any soil, rock, sands, stones, trees,
shrubs or plants or other wood or materials or make any excavation
by tool, equipment, blasting or other means or agency.
(4)
Construct or erect any building or structure of whatever
kind, whether permanent or temporary, or run or string any public
utility into, upon or across such lands, except on special written
permit issued hereunder.
(5)
Damage, cut, carve, transplant or remove any tree
or plant or injure the bark or pick the flowers or seeds of any tree
or plant, dig or otherwise disturb grass areas or in any other way
injure the natural beauty or usefulness of any area.
(6)
Climb any tree or sit, walk or stand upon monuments,
vases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purposes.
(7)
Molest, harm, frighten, kill, trap, pursue, chase, tease or throw missiles at any animal, wildlife, reptile or bird, nor shall he remove to have in his possession the young of any wild animal, or the eggs or nest, or the young of any reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous, or other deadly reptiles, may be killed on sight, or as exempted in § 88-3.[1]
(8)
Throw, discharge or otherwise place or cause to be
placed in the waters of any fountain, pond, lake, stream or other
body of water in or adjacent to any park or any tributary stream,
storm sewer or drain flowing into such water any substance, matter
or thing, liquid or solid, which will or may result in the pollution
of said waters.
(9)
Have brought in or shall dump in, deposit or leave
any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish,
waste, garbage or refuse or other trash. No such refuse or trash shall
be placed in any waters in or contiguous to any park, nor shall it
be left anywhere on the grounds thereof, but shall be placed in the
proper receptacles where these are provided. Where receptacles are
not provided, all such rubbish or waste shall be carried away from
the park by the person responsible for its presence, and it shall
be properly disposed of elsewhere.
(10)
Drive any vehicle on any area except the paved
park roads or parking areas or such areas as may on occasion be specifically
designated as temporary areas by the Maintenance and Parks Department.
(11)
Park a vehicle in other than an established
or designated parking area, and such shall be in accordance with posted
directions there, at and with the instruction of any attendant who
may be present.
(12)
Leave a vehicle standing or parked at night
in established parking areas or elsewhere in the park area.
(13)
Leave a bicycle in a place other than a bicycle
rack when such is provided and there is space available.
(14)
Ride a bicycle without reasonable regard to
the safety of others.
(15)
Leave a bicycle lying on the ground or pavement
or set against trees or in any place or position where other persons
may trip over it or be injured by it.
(16)
Carry or possess firearms of any description, air rifles, spring guns, bows and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device, or as exempted in § 88-3.[2] Shooting into park areas from beyond park boundaries is
forbidden.
(17)
Picnic or lunch in a place other than those
designated for that purpose. Attendants shall have the authority to
regulate the activities in such areas, when necessary to prevent congestion
and to secure the maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
(18)
Set up tents, shacks or any other temporary
shelter for the purpose of overnight camping, nor shall any person
leave in a park after closing hours any movable structure or special
vehicle to be used or that could be used for such purpose, such as
a house trailer, camp trailer, camp wagon or the like, except in those
areas designated by the Maintenance and Parks Department for those
purposes.
(19)
Take part in or abet the playing of any games
involving thrown or otherwise propelled objects, such as balls, stones,
arrows, javelins, horseshoes, quoits or model airplanes, except in
those areas set apart for such forms of recreation. The playing of
rough or comparatively dangerous games, such as football, baseball
and lacrosse, is prohibited, except on the fields and courts or areas
provided therefor. Roller-skating, roller-blading, and skateboards
shall be prohibited on tennis facilities.
(20)
Ride a horse, except on designated bridle trails.
Where permitted, horses shall be thoroughly broken and properly restrained
and ridden with due care and shall not be allowed to graze or go unattended,
nor shall they be hitched to any rock, tree or shrub.
B.
While in a public park or recreation area, all persons
shall conduct themselves in a proper and orderly manner, and, in particular,
no person shall:
(1)
Bring alcoholic beverages or drink same at any time,
nor shall any person be under the influence of intoxicating liquor
in a park.
(2)
Have in his possession, or set or otherwise cause
to explode or discharge or burn, any firecrackers, torpedo rockets
or other fireworks, firecrackers or explosives of flammable material,
or discharge them or throw them into any such areas from lands or
highways adjacent thereto. This prohibition includes any substance,
compound, mixture or article that in conjunction with any other substance
or compound would be dangerous from any of the foregoing standpoints.
At the direction of the Maintenance and Parks Department, permits
may be given for conducting properly supervised fireworks in designated
park areas.
(3)
Be responsible for the entry of a dog or other domestic
animal into these areas. Nothing herein shall be construed as permitting
the running of dogs at large. All dogs in those areas where such animals
are permitted shall be restrained at all times on adequate leashes
not greater than six feet in length.
(4)
Solicit alms or contributions for any purpose, whether
public or private.
(5)
Build or attempt to build a fire, except in such areas
and under such regulations as may be designated by the Maintenance
and Parks Department. No person shall drop, throw or otherwise scatter
lighted matches, burning cigarettes or cigars, tobacco paper or other
flammable materials within any park or on any highways, roads or street
abutting or contiguous thereto.
(6)
Enter an area posted as "closed to the public," nor
shall any person use or abet in the use of any area in violation of
posted notices.
(7)
Gamble or participate in or abet any game of chance,
except in such areas and under such regulations as may be designated
by the Maintenance and Parks Department.
(8)
Sleep or lounge protractedly on the seats or benches
or other areas or engage in loud, boisterous, threatening, abusive,
insulting or indecent language or engage in any disorderly conduct
or behavior tending to breach the public peace.
(9)
Fail to produce and exhibit any permit the person
claims to have, upon request of any authorized person who shall desire
to inspect the same for the purpose of enforcing compliance with any
ordinance or rule.
(10)
Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
(11)
Expose or offer for sale any article or thing,
nor shall he station or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing. Exception is here made
as to any regularly licensed concessionaire acting by and under the
authority and regulation of the Maintenance and Parks Department.
(12)
Paste, glue, tack or otherwise post any sign,
placard, advertisement or inscription whatever, nor shall any person
erect or cause to be erected any sign whatever on any public lands
or highways or roads adjacent to a park.
A.
Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year during the designated
hours. The opening and closing hours for each individual park shall
be posted therein for public information and shall be determined from
time to time by resolution of the Mayor and Council.
B.
Any section or part of any park may be declared to
be closed to the public by the Maintenance and Parks Department at
any time and for any interval of time, either temporarily or at regular
and stated intervals, daily or otherwise, and either entirely or merely
to certain uses, as the Maintenance and Parks Department shall find
reasonably necessary.
A.
Permits for special events in parks shall be obtained
by application at the Town office in accordance with the following
procedure:
(1)
A person seeking issuance of a permit hereunder shall
file an application at the Town office stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons,
corporation or association sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit
is desired.
(e)
Any other information which the Maintenance
and Parks Department shall find reasonably necessary to a fair determination
as to whether a permit should be issued hereunder.
(2)
Standards for the issuance of a use permit by the
Maintenance and Parks Department shall include the following findings:
(a)
That the proposed activity or use of the park
will not unreasonably interfere with or detract from the general public
enjoyment of the park.
(b)
That the proposed activity or use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
(c)
That the proposed activities or uses that are
reasonably anticipated will not include violence, crime or disorderly
conduct.
(d)
That the proposed activity will not entail extraordinary
or burdensome expense or police operation by the Town.
(e)
That the facilities desired have not been reserved
for other uses at the date and hour requested in the application.
B.
Denial of permit; appeal.
(1)
Within five days after the receipt of an application,
the Town office shall appraise an applicant, in writing, of the reasons
for refusing a permit, and any aggrieved person shall have the right
to appeal to the Town Council by serving written notice thereof on
the Director of Finance within five days of said refusal.
(2)
A copy of said notice shall also be presented to the Town office within the same time, and the Town office shall immediately forward the application and the reasons for the refusal to the Town Council, which shall consider the application under the standards set forth under Subsection A(2) hereof and sustain or overrule the Town office's decision within 10 days from the receipt of the appeal by the Director of Finance. The decision of the Town Council shall be final.
C.
Responsibility of permittee.
(1)
A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though same were inserted in
said permits.
(2)
The person or persons to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person,
whatever the reason of the negligence of the person or persons to
whom such permit shall have been issued. The Town office shall have
the right to require any permittees to submit evidence of liability
insurance covering injuries to members of the general public arising
out of such permitted activities, in such amounts as may from time
to time be determined by the Committee, prior to the commencement
of any activity or the issuance of any permit.
D.
Revocation. The Town Administrator shall have the
authority to revoke a permit upon a finding of violation of any rule
or ordinance or upon good cause shown.
[Amended 9-12-2006 by Ord. No. 172]
A.
The Maintenance and Parks Department shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this chapter.
B.
The Maintenance and Parks Department shall have the
authority to eject from the park area any person or persons acting
in violation of this chapter.
C.
The Maintenance and Parks Department shall have the
authority to seize and confiscate any property, thing or device in
the park or used in violation of this chapter.
D.
This chapter shall also be enforced by the Police
Department of the Town.
No owner or driver shall cause or permit his
vehicle to stand outside designated parking spaces, except for a reasonable
time to take up or discharge passengers or equipment. No motor vehicle
shall be parked in said park areas from 1/2 hour after sunset until
sunrise, except as otherwise permitted.
Violation of this chapter is declared to be
a municipal infraction. The penalty for violation shall be $50 for
the initial offense and $100 for each repeat offense. Each day that
a violation occurs shall be deemed a separate offense.
[Added 7-19-1993 by Ord. No. 85; amended 9-10-2002 by Ord. No.
144; 10-12-2021 by Ord. No. 250]
A charge shall be made for all new residential units in the amount of $1,000 per single-family home and $1,000 for each equivalent dwelling unit as defined in § 241-10D. This fee may be waived for subdivisions which provide sufficient new parkland and facilities to serve the new residences within the subdivision where the Planning Commission finds that such new parkland is sufficient and is consistent with the Strategic and Capital Improvement Plans of the Town. All amounts collected under this section shall be placed in a capital expansion account for use in making capital improvements in the park system to assure a consistent level of parkland and services are available to new home residents.
